Can They Really Do This!

Money_Mad_3

Hi, Im looking for legal advice.

My husband defaulted on credit cards (unfortunately his report is attached to mine so mine also not looking good even though I have no defaults)

He has been paying them off some his has done. The one in question is with the Nat West. He pays each month to them by standing order so he has never defaulted. This one has been on his report for 6 years and should have come off in July 08 which it did. A debt company who had the account over two years ago but another company took it over has entered an entry in October 2008 this is a re-entry of a previous one and they have put the default a year later. I have got his previous report with this entry on which states a year earlier. Even though he still has £900 to clear this and has never defaulted on his repayments can they re-enter this entry. I thought that it would only be on for 6 years and this company stopped dealing with this account over 2 years ago. Any advice please as I cannot separate our files...............

judy_

Hi,

I am going through same senario with a 2nd default for same account, see my thread as it has a letter to send to the DCA.

I have had replies from all 3 CRAs saying they are investigating.

my thread = http://forums.moneysavingexpert.com/showthread.html?p=15627193&posted=1#post15627193

Hope this helps you

Judy

Money_Mad_3

Thanks Judy,
for your email, this is a great help.
Do you think I can send this letter even though he is still paying payments on this account, I was under the impression that a 2nd default could not be re-entered for the same account unless he defaulted on repayments which he hasn't because it is on standing order.
Its so annoying the company had the balance wrong, default date wrong, the company is Fairmile Limited not been dealing with this account for over two years, good job I have got a copy of my husbands previous report. Its just that I am penalised to as I made the big mistake of inserting us as financially linked about 6 years ago. thinking I could save money and get one report for both of us. How stupid was that now our reports can't be separated unless with divorced or have no mortgage in both names.

c8ndice

I had murders with Natwest this year. The same thing happened to me, original defaults by natwest, plus "new" entries for the same default 3 times by the debt collection agencies. My credit report was a right state!

The defaults were due to drop off in Feb this year, but for some reason the accounts were updated and the year of default was changed so everything was re added.

I finally contacted the financial ombudsman, and not only were ALL incorrect defaults removed, but after a very strong worded letter to Natwest, I received a cheque for £200 for compensation.

Also I am still paying one debt off, and will be for years to come, but yes it had to be removed as the 6 years were up!

GeorgeUK

An account can't have more than one default. The default date is the first date in which payments were not made in accordance with the credit agreement or account terms and consitions. A complaint should be made to the Information Commissioners Office of this is not rectified to your satisfaction.

If a default is placed on your file with the wrong information, this is a breach of the Data Protection Act and the date and details must be corrected.

Money_Mad_3

Thankyou Thankyou thankyou, my husband has contact the credit reference agency explaining the position and that he disputes the entry and that it has been re-entered. They are going to put a note of his file about the dispute and they said they would be writing to the debt agency as they cannot remove any entries. Many Thanks everyone for giving me some hope, I just hope they will remove this entry as it looks as if he has defaulted in October 2008, and this was 6 years ago.